804 WordsFeb 12, 20154 Pages
1. When can an employee’s religious belief qualify as a bona fide occupational qualification? In order to use the BFOQ exception, an employer must prove that no member of the group you are discriminating against could perform the job. Using the religious example, a Lutheran church would argue that only a Lutheran could effectively practice and preach the tenants of their religion and a Catholic would be unable to perform the job due to his or her beliefs. Courts are very careful to only allow very narrow exceptions to the general prohibition of discrimination against a protected status, and in the case of race there is no exception in case law. The most common exceptions are generally crafted for religion and gender. As an employer, you…show more content…
417. (Rita Hall ) When this case goes before a jury, what decision do you think it will reach? Schaefer’s will win the case The ADA makes it illegal for businesses to discriminate against disabled individuals. To prove a violation of the ADA, a plaintiff must prove three facts. First, he must have a disability. Second, the business is a place of public accommodation. Third, he was denied full and equal treatment because of his disability. Under the ADA, a business may have discriminated against handicapped individuals because they have constructed and maintained “architectural barriers” which prevent disabled people from enjoying the business as any other person. (42 USC § 12182, subd. (b)(2)(A)(iv).)The Department of Justice created regulations which have become known as the “Americans with Disability Act Accessibility Guidelines for Buildings and Facilities.” The Department of Justice’s Accessibility Guidelines listed the minimum requirements for ADA compliance. The Accessibility Guidelines provide such things as the number of handicapped parking spaces a business must have and the dimensions of the spaces, the slope requirements for a handicap ramp, counter height, etc. It is these standards which serve as the cornerstone of an ADA
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